Hanlon v Australian Building and Construction Commissioner [2021] FCAFC 221

Hanlon v Australian Building and Construction Commissioner [2021] FCAFC 221

The appeal was dismissed because the trial judge's findings, supported by contemporaneous records and detailed assessments of witnesses, were not vitiated by delay or minor evidentiary errors. The judge was entitled to find Mr Hanlon acted improperly under s 500 by entering and remaining on site without notice and refusing to produce his entry permit when requested. The penalty imposed was justified.

Parties
Appellant: Rebel Hanlon; Respondent: Australian Building and Construction Commissioner
Jurisdiction
Australia
Judgment Date
23 November 2021
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Right of Entry, Delay in Judgment, Improper Conduct Under Fair Work Act, Production of Authority Documents, Penalty for Contravention
Employment and Industrial Relations Right of Entry Delay in Judgment Improper Conduct Under Fair Work Act Production of Authority Documents Penalty for Contravention

Case Brief

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Parties

Rebel Hanlon

Appellant

Australian Building and Construction Commissioner

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a judge's unexplained delay in delivering reasons vitiates findings made based on oath against oath evidence and contemporaneous documents
  2. 2 Whether the trial judge erred in finding that Mr Hanlon was requested and failed to produce an entry permit under s 489 of the Fair Work Act
  3. 3 Whether improper conduct occurred under s 500 by entering and remaining on site without notice or entry permit

Ratio Decidendi

The appeal was dismissed because the trial judge's findings, supported by contemporaneous records and detailed assessments of witnesses, were not vitiated by delay or minor evidentiary errors. The judge was entitled to find Mr Hanlon acted improperly under s 500 by entering and remaining on site without notice and refusing to produce his entry permit when requested. The penalty imposed was justified.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.